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Bombay High CourtAPPLN/4057/2023application allowed

Shivaji Narsimlu Gurulwar v. The State Of Maharashtra

2023-11-06Hon'Ble Shri Justice Sandipkumar C. More2 pages

3 Appln-4057-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 3 CRIMINAL APPLICATION NO. 4057 OF 2023 IN CRIMINAL APPEAL (ST) NO. 11422 OF 2023 SHIVAJI NARSIMLU GURULWAR

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. A.S. Shelke - Advocate for Applicant Mr. R.B. Bagul - APP for Respondent, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 6th November, 2023 PER COURT :

1.

Heard.

2.

Issue notice to respondent.

3.

Learned A.P.P. waives service of notice for respondent, State.

4.

The applicant i.e. original accused is seeking condonation of delay of 163 days in filing appeal against his conviction in Session Case No.26 of 2022 vide judgment and order dated 23.03.2023 passed by the learned Additional Pooja K.

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3 Appln-4057-2023 Sessions Judge, Biloli.

5.

According to the learned Counsel for applicant, he is appointed through Legal Services Authority to represent the applicant - accused who was an under-trial prisoner. Though the learned A.P.P. pointed out that, applicant has not deposited the fine amount but considering the fact that, he is challenging the impugned judgment from jail. The delay of 163 days stands condoned.

6.

The appeal of the applicant be registered after removal of office objections, if any.

7.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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